(a) Offense Defined.
(1) No person shall:
A. Take possession of, carry away or transfer, or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof;
B. Alter, transfer or remove any label, price tag marking, indicia of value or any other marking which aids in determining the value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise;
C. Transfer any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same is displayed to any other container with the intent to deprive the merchant of all or some part of the full retail value thereof; or
D. Under-ring with the intention of depriving the merchant of the full retail value of the merchandise.
(2) Retail theft is a summary offense, and therefore a violation of this section, only if the offense is a first offense and the value of the merchandise is less than one hundred fifty dollars ($150.00). Otherwise, the actor shall be prosecuted under State law.
(b) Presumptions. Any person intentionally concealing unpurchased property of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima-facie presumed to have so concealed such property with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof within the meaning of subsection (a) hereof. The finding of such unpurchased property concealed, upon the person or among the belongings of such person, shall be prima-facie evidence of intentional concealment, and, if such person conceals or causes to be concealed such unpurchased property, upon the person or among the belongings of another, such fact shall also be prima-facie evidence of intentional concealment on the part of the person so concealing such property.
(c) Evidence. To the extent that there is other competent evidence to substantiate the offense, the conviction shall not be avoided because the prosecution cannot produce the stolen merchandise.
(d) Detention. A peace officer, a merchant or merchant's employee or an agent under contract with a merchant, who has probable cause to believe that retail theft has occurred or is occurring on or about a store or other retail mercantile establishment, and who has probable cause to believe that a specific person has committed or is committing the retail theft, may detain the suspect in a reasonable manner for a reasonable time on or off the premises for all or any of the following purposes:
(1) To require the suspect to identify himself or herself;
(2) To verify such identification; or
(3) To determine whether or not such suspect has in his or her possession unpurchased merchandise taken from the mercantile establishment and, if so, to recover such merchandise, to inform a peace officer or to institute criminal proceedings against the suspect.
Such detention shall not impose a civil or criminal liability upon the peace officer, merchant, employee or agent so detaining.
(e) Reduction Prohibited. No justice of the peace or other magistrate shall have the power to reduce any other charge of theft to a charge of retail theft as defined in this section.
(f) Definitions. As used in this section:
(1) "Conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated or advertised price of the merchandise.
(3) "Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.
(4) "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
(5) "Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
(6) "Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale.
(7) "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
(g) Fingerprinting. Prior to the commencement of a trial or the entry of plea of a defendant sixteen years of age or older accused of a violation of this section, the issuing authority shall order the defendant to submit, within five days of such order, for fingerprinting by the Department of Police or the State Police. Fingerprints so obtained shall be forwarded immediately to the State Police for determination as to whether or not the defendant previously has been convicted of the offense of retail theft. The results of such determination shall be forwarded to the Department of Police if such Department is the prosecutor, or to the issuing authority if the prosecutor is other than a police officer. The issuing authority shall not proceed with the trial or plea until in receipt of the determination made by the State Police. The District Justice shall use the information obtained solely for the purpose of grading the offense pursuant to paragraph (a)(2) hereof.
(Ord. 4394. Passed 9-10-86.)